Except where it is otherwise declared, the provisions of the foregoing titles of this part, in respect to the rights and obligations of parties to contracts, are subordinate to the intention of the parties, when ascertained in the manner prescribed by the chapter on the interpretation of contracts; and the benefit thereof may be waived by any party entitled thereto, unless such waiver would be against public policy.
Cal. Civ. Code § 3268
GENERAL PROVISIONS
Applied in 9 court decisions — leading case Aetna Casualty & Surety Co. v. United States (1981)
Most recently applied in In re Art & Architecture Books of the 21st Century (September 2014)
Amended by Stats. 1963, Ch. 819.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.